Directive Principles of State Policy Are Non-Justiciable Rights, Which Means That They Cannot Be Enforced Through a Court Of

INDIAN CONSTITUION & DIRECTIVE PRINCIPLES OF STATE POLICY

E-content for Political Science, MA Semester 11

Prof. (Dr.) Tanuja Singh Ex .Head, Dept. of Pol. Sc. A.N. College, Patna, PPU

Directive Principles of State Policy are non-Justiciable Rights, which means that they cannot be enforced through a Court of Law but lays down the Objectives and Framework according to which Policies and Laws should be made. In Part IV of the constitution, Directive principles of the state policy are explained from Art 36 – 51. It is borrowed from the Irish constitution. It deals with Economic and cultural Rights. However, they are not justifiable in the court of law. The idea of a ‘welfare state’ envisaged in our constitution can only be achieved if the states try to implement them with a high sense of moral duty.

Directive Principles are in the form of guidelines for the state in deciding the socio – economic development of India.

Objectives & Significance: 1. Welfare state: The objective of directive principles is to embody the concept of ‘welfare state’. The Indian constitution guarantees its citizens justice, freedom and equality. Hence citizens have been given certain rights. However, by merely guaranteeing freedom and equality, people cannot be made happy and their life prosperous. The state must formulate various projects for its citizens and through them must secure individual welfare and the nation’s progress.

2. Development: After independence, India faced many challenges. This country was to be transformed into a developed and progressive country. Therefore, it was necessary to implement a dynamic and rigorous programme of development. Guidance was necessary to decide priority areas to be focused on. Such guidance came from the directive principles of state policy. It shows the path to the state for development.

3. Supplement of fundamental rights: Directive principles deal with the social, economic and cultural rights. These principles have enabled the government to make laws to protect the weaker sections of society and abolish inequality and eradicate poverty.

Nature of Directive Principles: Directive Principles are fundamental in the governance of the country. But they are not justifiable in the court of law when it is violated. Their nature is moral. These principles are only the directions to the state and law making bodies to keep in mind while framing policies and laws.

Directive principles in the constitution: For the easy understanding of the Directive Principles, they are classified into four categories: -

A -Social principles B- Economic Principles C- Political principles D -International principles

A] Social Principle: 1. The state must provide free and compulsory education to all the children below fourteen years of age. 2 It should promote the interests of the weaker sections especially for the SC and ST. 3. The state should strive to improve public health and impose a ban on toxicating drugs harmful to health. 4 The state should support the development of agriculture and animal husbandry on scientific lines. 5 The state shall strive to preserve and protect the environment, forests and wild life. 6 The state should protect and preserve historical and national monuments.

B] Economic principles: 1. The state should provide adequate means of livelihood to all its citizens. 2. It should use the material resources of the country for the well being of the entire society. 3. It should prevent the concentration of wealth in the hands of a few. 4. It should ensure equal pay for equal work to all men and women alike. 5. The state should ensure that no person is compelled to enter into a vocation unsuited to his age and ability. 6. The state shall strive to create conditions that will help children grow in a free and healthy atmosphere 7. The state shall create a legal system that promotes justice and provides free legal aid to the weaker sections of society. 8. All citizens should be given the right to work and the right to education. They should be provided assistance in old age and illness. 9 The state shall strive to secure just and humane conditions of work for the workers. 10. The state shall promote cottage industries. 11. It should ensure workers participation infactory management by making suitable laws.

C] Political Principles: 1. The state shall organize village Panchayats for enhancing people’s participation in political affairs. 2. The state should strive to implement uniform civil code for all the citizens of India. 3. The Judiciary should be separated from the Executive to secure the independence of the former.

D] Principles concerning International Relations: 1. The state is expected to devise a foreign policy that promotes international peace and security. 2 It shall promote honourable and friendly relationships among nations. 3. It shall resolve international disputes by peaceful means and arbitration.

Distinction between Fundamental rights and directive Principles: 1. Fundamental rights have judicial protection.Whereas directive principles of state policy do not have such protection. We cannot approach the court in case of non implementation of the directives.

2. Fundamental Rights provides individual freedom and liberty to the people. These are basic civil and political rights of the citizens. Directive Principles are the guidelines for the state. It shows the path to the government for formulating policies towards welfare state. Directive Principles deals with the social, economic and cultural rights.

3. Both together bring balance between individual liberty and public good.

4. In case of a conflict between Directive Principles and fundamental rights, the latter must prevail. But Parliament can amend the constitution and modify fundamental Rights to give effect to Directive Principles.

QUESTIONS 1. Discuss ‘preamble’ as expression of the philosophy of the Indian constitution. 2. Discuss the unique and outstanding features of the constitution of India 3. Discuss the unique and outstanding features of the constitution of India. 4. Critically examine the significance and utility of the preamble to the constitution of India. 5. Discuss the philosophy of the constitution of India. 6. Elaborate Right to Equality and Right to freedom. 7. Critically examine the provisions regarding fundamental Rights. 8. Attempt and discuss classification of the Directive principles. 9. Write short notes on- A) Right to freedom of religion. B) Right to constitutional Remedies. C) Fundamental Duties. D) Relationship between fundamental Rights and Directive principles. E) Importance of Directive principles.

REFERENCE : 1. Introduction to the constitution of India by Durga Das Basu. 2. Dr. M.V. Pylee – constitutional Government of India. 3. The constitution of India – 2004. ******